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Recent Posts

REFERRAL SOURCES CAN CONSTITUTE LEGITIMATE BUSINESS INTEREST TO SUPPORT NON-COMPETE AGREEMENT

Posted on 21 August, 2015
I previously discussed the validity of non-compete agreements as well as tips for drafting such agreements. Recently, in Infinity Home Care, L.L.C. v. Amedisys Holding, LLC, 40 Fla.L.Weekly D1929a (Fla. 4th DCA 2015), the Fourth District Court of...

GENERAL UNDERSTANDING OF CONSTRUCTION PROJECT DELIVERY METHODS

Posted on 15 August, 2015
Ever hear the expression, “there are many ways to skin a cat?”  Of course you have!  Well, this expression can apply to construction as there are many ways to build a project to accomplish the same objective--to deliver a completed project.     The various ways...

LIQUIDATING AGREEMENTS OR PASS-THROUGH AGREEMENTS

Posted on 9 August, 2015
A liquidating agreement is probably a more popular agreement between a general contractor and subcontractor when it comes to federal construction projects, but it is a type of agreement that can universally apply.   This is the type of agreement that memorializes a subcontractor’s...

ILLUSTRATION OF HOW BANKRUPTCY CAN IMPACT CONTRACTOR – SUBCONTRACTOR DISPUTE

Posted on 7 August, 2015
The case of Ground Improvement Techniques, Inc. v. U.S., 2015 WL 4603693 (Fed.Cir. 2015) is an interesting case that highlights the impact of a contractor filing for bankruptcy during a construction dispute.    In this case, a subcontractor was terminated for default on...

EXAMPLES OF (RISK SHIFTING & ACCEPTING) PROVISIONS IN A SUBCONTRACT

Posted on 1 August, 2015
In reading articles posted in this blog, I hope it is impressed upon you to understand the risks you are accepting in your contract and what to do if you encounter a risk, as well as those risks you are flowing down or allocating to...